S Duggan v Sole Biz Ltd (in creditors’ voluntary liquidation): 6007292/2024
JUDGMENT
Employment Tribunals Rules of Procedure 2024 – Rule 22[1]The complaint of unauthorised deductions from wages is well-founded. The respondent shall pay the claimant £1,521.03.[2]The claimant’s claims for a redundancy payment, breach of contract and holiday pay have been satisfied by payments from the Insolvency Service.[3]The unfair dismissal complaint is well-founded. The claimant was unfairly dismissed, however.• No basic award is made because it has been extinguished by the redundancy payment.• Given that the claimant is receiving notice pay, and, it seems most likely, her employment would have ended in any event, the Tribunal cannot see any basis for making a compensatory award. If the claimant wishes to pursue such an award, she must within 14 days provide to the Tribunal the basis for such an award and its calculations.[4]The complaint of a failure by the Respondent to comply with the requirements of the Trade Union and Labour Relations (Consolidation) Act 1992 s188 is well founded and the Tribunal makes a protective award requiring the respondent to pay renumeration for the period of 90 days beginning on 5 July 2024 to the Claimant. The recoupment regulations apply to this award.[5]At this stage the Tribunal does not quantify such an award. The claimant should contact the Liquidators of the respondent with a view to agreeing what sum is payable, and in the event of any dispute or non – payment, the claimant must make a further claim to the Tribunal under s.192 of the Trade Union and Labour Relations (Consolidation) Act 1992. Approved by